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S.M. 2002, c. 10
Bill 30, 3rd Session, 37th Legislature
THE ARCHITECTS AMENDMENT ACT
(Assented to July 17, 2002)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Architects Act is amended by this Act.
2 Section 16 is amended by renumbering it as subsection 16(1) and by adding the following as subsections 16(2) to (4):
16(2) Notwithstanding subsections 15(1) and 25(2), a partnership of corporations may practise architecture in its own name if
(a) the practice is carried on under the direct personal supervision and responsibility of one or more permanent employees or shareholders who are registered members of the association in good standing;
(b) the partnership has professional liability insurance in the minimum amounts, and containing the terms and conditions, prescribed by council;
(c) each partner meets the requirements of clauses (1)(a) to (f), and any other requirements prescribed by council; and
(d) the partnership has obtained a certificate of approval from the association.
16(3) A partnership of corporations that satisfies the requirements of subsection (2) may obtain a certificate of approval in its own name without each partner having to obtain such a certificate.
16(4) A partnership, consortium, joint venture or other legal entity comprised of one or more natural persons, one or more corporations, or one or more partnerships of corporations, or any combination of them, may practise architecture in its own name if
(a) each natural person participating in the entity is a registered member of the association in good standing or meets the requirements of subsection 15(2);
(b) each corporation participating in the entity holds a certificate of approval from the association;
(c) each partnership of corporations participating in the entity holds a certificate of approval from the association; and
3 The following is added after section 16:
16.1(1) Notwithstanding sections 15, 16, 24 and 25, a natural person, partnership, corporation or partnership of corporations authorized to practice architecture in a jurisdiction outside Manitoba may be granted a temporary licence to practise architecture in Manitoba in collaboration with any one of the following:
(a) a registered member in good standing;
(b) a firm entitled to use the designation "architects" under subsection 15(2);
(c) a corporation permitted to practise under subsection 16(1) or section 24;
(d) a partnership of corporations permitted to practise under subsection 16(2) or section 24.
16.1(2) A temporary licence is valid only in accordance with any terms described in the licence, and is subject to any conditions prescribed by the by-laws.
4 Section 17 is amended by adding "or partnership of corporations" after "corporation" wherever it occurs.
5 Section 18 is replaced with the following:
18 A corporation or partnership of corporations purporting to practise architecture in its own name shall provide the association with such information at such times as the association may prescribe, including, but not limited to, the following:
(a) the name and address of each director, officer and shareholder of the corporation or of each corporation comprising a partnership of corporations;
(b) proof of professional liability insurance coverage for the corporation or for the partnership of corporations and for each corporation comprising the partnership of corporations, in the amounts and containing the terms and conditions, prescribed by council;
(c) the name of each registered member of the association who is a full-time permanent employee or shareholder of the corporation or of the partnership of corporations, and of each of the corporations comprising the partnership of corporations, who is directly and personally supervising the practice and assuming responsibility for it;
6 Section 19 is amended
(a) by adding "or partnership of corporations" after "corporation" wherever it occurs;
(b) in clause (c)
(i) of the English version, by striking out "is has one or more fulltime" and substituting "it has one or more full-time", and
(ii) of the French version, by striking out "d'une licence" and substituting "d'un permis"; and
7 Sections 20, 21 and 22 are amended by adding "or partnership of corporations" after "corporation" wherever it occurs.
8 Section 24 is amended
(a) in the section heading, by striking out "corporations" and substituting "corporation or partnership";
(b) by adding "or partnership of corporations" after "corporation" wherever it occurs; and
9(1) Subsection 26(1) is amended
(a) in clause (a), by striking out "$500." and substituting "$10,000."; and
9(2) Subsection 26(2) is amended
(a) by striking out "hereunder" and substituting "for an offence under section 15, 16, 17 or 25"; and
9(3) The following is added after subsection 26(5):
26(6) A prosecution under this Act must be commenced
(a) within two years after the date on which the alleged offence was committed; or
(b) within six months after the date on which evidence sufficient to justify prosecution came to the knowledge of the secretary of the association;
whichever is later.
26(7) The certificate of the secretary of the association as to the day on which the evidence referred to in subsection (6) came to his or her knowledge is proof, in the absence of evidence to the contrary, of the date the evidence came to the secretary's knowledge.
26(8) An information for an offence under this Act may be laid by any person appointed for the purpose by the council.
26.1 On application by the association, the Court of Queen's Bench may grant an injunction
(a) enjoining a person who is not a registered member of the association in good standing or the holder of a temporary licence or certificate of approval from engaging in the practice of architecture;
(b) enjoining a person from employing, for work that is the practice of architecture, any person not entitled to practise architecture under this Act; or
10 Section 27 is replaced with the following:
27 Nothing in this Act applies to prevent an individual from carrying on architectural work on his or her own property for the sole use of himself or herself and his or her personal residence if the safeguarding of life, health, or the public interest is not concerned.
11 Section 31 is replaced with the following:
31(1) A person whose application for membership in the association
(a) is refused by council; or
(b) is granted by council subject to conditions;
may appeal the council's decision to the Court of Queen's Bench within 30 days after the day that notice of the decision is served on the person appealing either personally or by registered mail.
31(2) The appeal shall be founded on the record of proceedings before council and the decision of council.
31(3) The Court on hearing the appeal may
(a) make any decision that in its opinion should have been made; or
(b) refer the matter back to the council for further consideration in accordance with any direction of the Court.
31.1(1) A member who is the subject of a finding or order at an inquiry called under section 14 (suspension or expulsion of member) may appeal the finding or order to The Court of Appeal.
31.1(2) The appeal shall be commenced
(a) by filing a notice of appeal; and
(b) by serving a copy of the notice of appeal on the association;
within 30 days after the date on which the finding or order of the association is served on the member either personally or by registered mail.
31.1(3) The appeal shall be founded on the record of the hearing before the association and any exhibits.
31.1(4) On hearing the appeal, the Court may
(a) make any finding or order that in its opinion should have been made;
(b) quash, vary or confirm the decision of the association or any part of it; or
(c) refer the matter back to the association for further consideration in accordance with any direction of the Court.
31.1(5) The finding or order of the association remains in effect pending an appeal unless the Court of Appeal, on application, stays the finding or order pending the appeal.
12 This Act comes into force on the day it receives royal assent.